TERMS AND CONDITIONS
Welcome to the gotEM Network software (the "Software"). By accessing the Software, registering for an account at the gotEM Network, and/or by using any of the services made available on or through the gotEM Network (the "Services"), you agree to be bound by these Terms & Conditions, including our Privacy Policy and cookies policy (the "Terms & Conditions"). This is a legal agreement.
Please read the Terms carefully. If you do not understand the Terms, or do not accept any part of them, please do not use the Network or the Services. The gotEM Network reserves the right, at its sole discretion, to modify these Terms & Conditions, and any Services offered, at any time without advance notice. If we modify these Terms, we will post the modification on or through the Services and we will indicate the date when the Terms were last revised. Your continued use of any of the Services after such amendment shall be deemed an agreement to the amended Terms & Conditions.
You can access these Terms any time at https://gotEM.network/terms.
1. About gotEM Network
The gotEM Network is a global professional investigation network where organisations and business clients can hire highly qualified investigators who can solve crime and detect fraud.
Clients and investigators enter into a legal binding contract between each other. The gotEM Network does provide the Software and related services to help facilitate the arrangements between them. The use of the Software, Services and related services shall not replace legal relationships between (business) clients and investigators, but only supports that relationship. The exact terms and conditions between clients and investigators will be governed by the legal agreement between them and is outside the scope of these Terms & Conditions.
The gotEM Network acts as a platform and is strictly separate from the client and investigator.
A client means any party, including an organization, a business or private individual, seeking investigation services through the gotEM Network Software or Services ("Client"). An investigator means any professional, licensed or not, depending on the legal licensing requirement in the respective jurisdiction, providing investigation services for the Client that has subscribed to the Network ("Investigator").
2. User Accounts
To use the Network, you need to register and create an account. You must provide information which is accurate, complete, and current as may be required for the account creation process, including for verification purposes. You may not create an account using any automated systems. You may not have more than one account as a Client or as an Investigator and you may not have both Client and Investigator accounts.
We may require that you verify, in a manner satisfactory to us, that you are the owner of or have access to the email address registered to your account.
You agree that you will not sell, transfer, license, or assign your account, username, or any account rights. Your username and account may be suspended or terminated at our sole discretion if you are in violation of these Terms & Conditions.
To register as a Client, you must be at least 18 years old or, if a business or organisation, lawfully able to enter into and form contracts under applicable law. You are responsible for your login credentials, for keeping your account secure and for all activities taken on your account. If at any time you think your account's security has been breached or compromised, please contact us immediately.
To register as an Investigator, you need to ensure that you meet all the requirements applicable with respect to your profession as investigator as may be applicable in the relevant jurisdiction, both to qualify and to remain qualified as such. You are fully responsible to remain compliant with any and all applicable laws, rules, legal requirements and (professional) codes of ethics applicable to the provision of your services, including with respect to licensing requirements. You will provide evidence of qualification when so requested by the Network.
3. Fees
Use of the Network, including registering and having an account and searching for Investigators, is free of charge for Clients. For Investigators, there may be different fee schemes available, including subscription and transaction-based fees.
The gotEM Network has access to and operates the payment system as part of the Service and acts as a payment processor. Clients choose a payment method to pay both for the investigation services provided by Investigators and for any gotEM Network fees due under these Terms & Conditions.
The Network uses secure payment providers. Where Clients pay for the services rendered by Investigators, the Network will ensure payment is securely made to the Investigator, only after the services have been delivered and properly invoiced.
4. Rights and restrictions
The Network, Software and Services are provided for your personal, non-commercial use only. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Network. Nothing herein shall be construed as a transfer of any ownership rights in the Network or the gotEM Network's intellectual property in your favour.
You may not, amongst others:
- use the Network for any purpose that is illegal, or prohibited by these Terms;
- copy, reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Network, the Software or any other gotEM Network's proprietary material;
- engage in any activity that interferes with or disrupts the Network;
- use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Network or to obtain or attempt to obtain data;
- use any customer data for marketing purposes, if not permitted by the customer or for the actual investigation services purposes.
5. Intellectual Property
The Network, including all content, features, and functionality, including but not limited to all information, software, code, data text, images, graphics, logos, icons, and designs, is owned by the gotEM Network or its licensors and is protected by legal property rights, including all intellectual property rights, copyright, trademarks, service marks, trade names, and trade secrets.
6. Content
Client and/or Investigator may provide content to the Network, including but not limited to profile information, case descriptions, communications, and assessments of services (collectively "Content"). You are solely responsible for the Content that you provide.
By submitting Content to the Network, you grant the gotEM Network a non-exclusive, transferable, sublicensable, royalty-free license to use, display, reproduce, distribute, modify, and share such Content in connection with providing the Services.
You represent and warrant that:
- you own or have the necessary rights to share the Content and to grant us the rights specified in these Terms;
- the Content does not infringe, violate, or misappropriate any third-party rights or law;
- the Content does not contain content that is harmful, offensive, obscene, abusive, discriminatory, defamatory, or otherwise inappropriate.
The gotEM Network may, but has no obligation to, remove Content found by the gotEM Network, at its sole discretion, to be in violation of these Terms & Conditions.
7. Disclaimers and limitation of liability
The Network, Services and related content are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and statutory warranties or conditions of non-infringement, and any representations or warranties arising out of course of dealing, course of performance or usage in trade.
The (quality of the) services offered by investigators is the sole responsibility of the respective investigator. The gotEM Network does not evaluate or guarantee the quality, timing, legality, veracity, accuracy, integrity, value, reliability, or completeness of such services.
The gotEM Network makes no representation or warranty that any services will meet your requirements, or that the Network, Software or Services will be error-free, timely, secure, uninterrupted, or that problems will be corrected. The gotEM Network expressly disclaims liability for any delays, delivery failures, damage, loss, or other issues resulting from such problems.
To the maximum extent permitted by applicable law, the gotEM Network and its employees, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, or exemplary damages resulting from your use of the Network or the Services, or resulting from any other aspect of your relationship with investigators, other clients or the gotEM Network. This includes, but is not limited to, damages for loss of profits, goodwill, data, reputational harm, work stoppage, computer failure, or any and all other commercial losses or damages, even if the gotEM Network has been advised of the possibility of such damages.
Our maximum aggregate liability to you for any single incident or set of related incidents directly arising out of or in connection with your use of the Network, Software or Services shall not exceed the amount of the expenses that the gotEM Network has received in exchange for the Services during the six months immediately preceding the date of the incident or the amount of EUR 100, whichever is greater.
In some jurisdictions, exclusions or limitations of liability are not permitted by law. In such jurisdictions, the gotEM Network's liability will be limited to the greatest extent permitted by law.
8. Confidentiality
Given the nature of the investigation services, all parties involved, including the gotEM Network and its employees, shall treat all documents, information, data and results, in whatever form, both digital and physical, relating to the investigations with the greatest level of confidentiality and shall never disclose these to third parties, unless obliged so by law or a legal authority.
9. Term and termination
These Terms shall remain in full force and effect while you use the Network, and/or have an account.
You may terminate this agreement at any time, for any reason, by deleting your account and discontinuing the use of the Network and the Services. The gotEM Network may terminate this agreement and your account at any time, for any reason, without advance notice or liability, except as may be required by law. Your rights under these Terms & Conditions will terminate automatically without notice if you fail to comply with any of these Terms. Upon termination of this agreement, your account and all access to the Network will cease immediately. Termination of this agreement shall not relieve you of payment obligations incurred prior to termination.
Any provisions of these Terms & Conditions that by their nature should survive termination shall survive termination.
10. Governing law and dispute resolution
These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the British Virgin Islands, without regard to its conflict of law provisions.
In the event of any dispute arising between you and the gotEM Network in connection with these Terms, both parties agree to use best efforts to resolve the dispute amicably. If the dispute cannot be resolved amicably, it shall be submitted to and finally settled by arbitration to be administered by the BVI International Arbitration Centre (BVI IAC) in accordance with its rules. The seat of arbitration shall be in the BVI. The language to be used in the arbitration shall be English.
11. Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall be enforced.
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and the gotEM Network's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
The gotEM Network may assign or transfer these Terms & Conditions, in whole or in part, without restriction.
These Terms & Conditions constitute the entire agreement between you and the gotEM Network concerning your use of the Network.